Skip to main content

Should a Motion to dismiss be filed due to a violation of the statute of limitations & lack of jurisdiction?

Teaneck, NJ |

1992 one was accused of Passing a Bad Check. Then in 1993 an arrest warrant was issued for that person who only found out about all of this via the NJMVC years after the initial accusation. The person was never served a summons to appear in the municipal court nor has any officer come to their places of residence or employment to execute an arrest & has been a resident of NJ for the past 20 years using SS# for housing, work & taxation purposes i.e. was never on the run. We know that an Arrest Warrant can continue to be re-issued however, we also know that the statute of limitations for Fraud in NJ is 6 years & it's now 2013. Nevertheless, we found out that the Warrant has been re-issued in Jan. of 2013. Does the court lack jurisdiction to try once the statute of limitations has expired?

+ Read More

Attorney answers 2

Posted

The answer will depend on when the complaint was issued. If it too was issued in 1993 along with the arrest warrant, then the Statue of Limitations has been satisfied. It sounds like a better course of action would be to file a Motion to Dismiss on Speedy Trial grounds. A lawyer can assist you.

Good luck.

http://www.njdomesticviolencedefense.com

Asker

Posted

Thank you Ms. Hascup. We've been trying to find out who the claimant is but have not been able to get that info. The warrant has been vacated and a new court date has been set but they still didn't say who the claimant is

Asker

Posted

I've also started looking into the factors set forth in Barker v. Wingo, 407 U.S. 514 (1972). Thank you again

Alissa D Hascup

Alissa D Hascup

Posted

The complainant's name should be listed on the complaint itself, a copy of which you should receive as part of the discovery. Barker is the United States Supreme Court case that talks about the Sixth Amendment and speedy trial issues. You'll want to look at State v. Gallegan, 117 N.J. 345, 355 (1989), which is the New Jersey Supreme Court case. Essentially, courts will balance the length of the delay and the reasons for the delay, with your assertion of speedy trial rights, and any prejudice to you caused by the delay.

Posted

Sounds like a complaint was already filed based on your post so the statute of limitations does not come into play. Not sure what you mean by lack of jurisdiction because you do not follow up on it in your posting.

Asker

Posted

Thank you Mr. Ducey, much appreciated.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer